Accommodation for Disabilities Policy

UB Programs will not discriminate against any resident/fellow or Program applicant because of physical or mental disability in regard to any position for which the resident/fellow or applicant is otherwise qualified. This includes, but is not limited to, recruitment, selection for training, training, evaluation, corrective action or other disciplinary action, including without limitation, non-promotion, non-renewal and dismissal. A resident/fellow is qualified if they can perform the essential functions of their Program, with or without a reasonable accommodation.

The term "person(s) with disability(ies)" means any person who:

1. Has a physical or mental impairment which substantially limits one or more of such person's major life activities;
   
2.  Has a record of such impairment; or
   
3. Is regarded as having such impairment. A person with disabilities is "substantially limited" if there is a significant restriction on their ability to preform their duties as a resident/ fellow in a reasonably independent manner. Whether a person has a substantial limitation will be determined under applicable law, based on the specific facts and circumstances. A person does not have a disability for purposes of this policy if they

• Have a current condition of addiction; or
• Have a currently communicable disease or infection that is a direct threat to the safety of patients or other persons, or makes the resident/fellow unable to perform the essential functions of the residency/fellowship position.            

A request for reasonable accommodation may be made at any time prior to or during residency/fellowship training by submitting the online ADA-100 Resident Request for Accommodation Form. When submitted, a copy of the form will be sent to the Lead Physician, Resident and Fellow Employee Health with a copy to the Program Director. Requests may also be made verbally if directed to the Program Director and/or designee. The GME Office will arrange for a prompt response once informed of the verbal request. Any request for accommodation that is unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the Program, will be considered an “undue hardship” for which there is no obligation to make a reasonable accommodation.

Residents/fellows must have sufficient senses to be able to observe patients to determine appropriate examination and treatment.

Residents/fellows must be able to effectively and efficiently communicate verbally and in writing with patients, patient family members, faculty, colleagues and staff.

Residents/fellows must exhibit reasoning abilities sufficient to analyze, synthesize, and apply information from a wide variety of sources in order to render patient care by solving difficult problems and making diagnostic, therapeutic and patient care decisions in a timely fashion.

Residents/fellows must have the ability to develop and demonstrate mature, sensitive, and effective relationships with patients, patient family members, faculty, colleagues and staff, and must adhere to the UB Resident Code of Professional Conduct.

Residents/fellows must be able to execute motor movements reasonably required to provide general care and emergency treatment to patients in accordance with currently acceptable medical/dental practice for the resident’s/fellow’s medical/dental specialty.

The Lead Physician, Resident and Fellow Employee Health will work with UB Programs, affiliated teaching hospitals and other approved training sites to ensure appropriate use of all relevant GME-sponsored programs, services and activities by residents/fellows with disabilities. The Lead Physician, Resident and Fellow Employee Health is a resource for information and advocacy toward a resident’s/fellow’s effective participation in their Program. All medical-related information will be kept confidential in accordance with all applicable laws, and maintained separately from other resident personnel records. However, Program Directors and their designees, faculty and GME Office staff may be advised of information necessary to make the determinations they are required to make in connection with a request for an accommodation. 

Please contact the Lead Physician, Resident and Fellow Employee Health at mfreitas@buffalo.edu or (716)204-3200, or GME Human Resources at ubgmehr@buffalo.edu with any questions on this policy.

ACGME Institutional Requirements Effective 7/1/2022 (IV.I.4.)

• Accommodation for Disabilities: The Sponsoring Institution must have a policy, not necessarily GME-specific, regarding accommodations for disabilities consistent with all applicable laws and regulations. (Core)

Established: 2008
Reviewed by GMEC : 08/08; 09/09; 01/13; 01/17; 03/17; 06/22; 11/24